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Lula's Defense Promises to Appeal and Says It Sees 'Bias for Condemnation'

01/25/2018 - 10h27

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ANA LUIZA ALBUQUERQUE
CATIA SEABRA
FROM PORTO ALEGRE

The defense team for former president Luiz Inácio Lula da Silva (PT Party), who was condemned on Wednesday (the 24th) by an appellate court to 12 years and 1 month of prison, insisted during an interview with the press after the trial, that the charges weren't supported by consistent proof.

Cristiano Zanin, Lula's attorney, declared that the defense would use "all means legally available to challenge the decision that was handed down" on Wednesday.

He stressed that the defense could only decide its strategy after getting access to the court's written decision, but he mentioned the possibility of entering a motion for clarification to the appellate court itself or filing appeals to higher courts.

He also declared that Wednesday's decision doesn't prevent Lula from registering his candidacy. Regarding the Lei da Ficha Limpa (Clean Record Law), Zanin said that if there were to be a challenge to the candidacy, the question would have to be discussed in the Electoral Courts' venue.

PRISON

José Roberto Batochio, another of Lula's attorneys, said that it is "exaggerating" to speak of prison, and that several Supreme Court Justices had already positioned themselves against incarceration after a condemnation on the first appeal.

Batochio said that what he sees is a "massive emptiness" and a "huge bias for condemnation".

"What we are up against here is a conviction outside of the law. This creates huge judicial uncertainty. What we are seeing is a punishment without a crime", he declared.

The defense has two days after publication of the decision to file a motion for clarification, which seeks to clarify details of the sentence.

Since the decision by the judges was unanimous, there is no room, theoretically, for a motion for rehearing, which would seek to uphold whichever vote which was most favorable to the defendant.

Translated by LLOYD HARDER

Read the article in the original language

Donaldo Hadlich/FramePhoto/Folhapress
Cristiano Zanin Martins, Lula's attorney, arrives at the appellate court in Porto Alegre
Cristiano Zanin Martins, Lula's attorney, arrives at the appellate court in Porto Alegre

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